San Fernando Municipal Code Div. 20 Two-Unit Urban Residential Development

(a) Purpose. This section is adopted in accordance with California Government Code §§ 65852.21 and 66411.7, also known as Senate Bill 9 (SB 9). The purpose of this section is to establish development standards for two unit residential development pursuant to SB 9.

(b) Term of effect. This section is applicable only while California Government Code § 65852.21 created by SB 9 remains in effect.

(c) Applicable zones and projects. The provisions of this section apply to all lots in the R-1 (Single Family Residential) zoning district.

(d) Ministerial approval and findings. The following apply to two-unit urban residential development as defined in this section:

(1) Two-unit urban residential development is subject to staff review and approval only, subject to the objective criteria and standards of this section.

(2) Two-unit urban residential development which meets all the criteria listed in section 106-762(e) shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

a. The proposed two-unit urban residential development would have a specific adverse impact, as defined and determined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or

b. The proposed development would not comply with all the criteria for approval per this section.

(e) Criteria for approval. A proposed two-unit urban residential development shall be approved if it meets all the following criteria:

(1) The parcel proposed for two-unit urban residential development is located in the R-1 (Single Family Residential) Zone.

(2) The two-unit urban residential development would not require the demolition or alteration of housing that:

a. Is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control; or

b. Has been occupied by a tenant in the last three years.

(3) If any existing dwelling unit(s) is proposed to be demolished, the proposed two-unit urban residential development would comply with the replacement housing provisions of Government Code § 66300(d).

(4) The parcel proposed for the two-unit urban residential development is not a parcel on which an owner of residential real property exercised rights under California Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted.

(5) The parcel proposed for the two-unit urban residential development is not located:

a. Within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;

b. On prime farmland or farmland of statewide importance as further defined in Government Code § 65913.4(a)(6)(B);

c. On wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993); or

d. On a hazardous waste site that is listed pursuant to [Government Code] § 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Health and Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses; or

e. In a special flood hazard area subject to induction by the one-percent annual chance flood (100-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:

1. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code § 65913.4(a)(6)(G)(ii).

(6) The proposed two-unit urban residential development would not create a nonconforming condition related to the placement of buildings or to any other development standard of this zoning code, except as specified in this section.

(7) A signed affidavit has been provided in accordance with section 106-762(f).

(8) The application complies with all provisions of Government Code §§ 65852.21 and 66411.7, if the proposed development includes a concurrent application for an urban lot split.

(f) Covenant and affidavits required. A property owner seeking to develop a two-unit urban residential development on a parcel located in the R-1 Zone pursuant to the regulations set forth in Government Code § 65852.21 and the standards in this section, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the city and provide as follows:

(1) The short term rental defined as rentals of any duration less than 31 consecutive calendar days of any dwelling unit(s) on the site created pursuant to Government Code § 65852.21 shall be prohibited.

(2) An affidavit shall be filed to verify information regarding the rental or ownership history of any pre-existing dwelling units, accessory dwelling units and junior ADUs.

(g) Development standards.

(1) The following development standards shall apply to all two-unit urban residential developments, except to the extent that the development standards would preclude the construction of two dwelling units of at least 800 square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding the construction of two dwelling units of 800 square feet each on the parcel proposed for the two-unit urban residential development.

(2) Except as otherwise prescribed in this section, the standards for residential development set forth in chapter 106, article II, division 2 of this Code shall apply.

(3) Except as otherwise prescribed in this section, the standards for accessory dwelling units set forth in division 1 of article IV of this chapter shall apply to any accessory dwelling units.

(4) Number of residential units allowed.

a. Lot split. A maximum of two residential units, including units which existed at the time of the lot split, may be built on each lot created using the urban lot split provisions set forth in chapter 78, article II, division 6 of this Code. Dwelling units, accessory dwelling units and junior ADUs count toward the maximum number of residential units on lots subdivided using the urban lot split provisions set forth in chapter 78, article II, division 6 of this Code.

b. No lot split. A maximum of four dwelling units may be built on a single lot which is not subdivided using the urban lot split provisions set forth in chapter 78, article II, Division 6 of this Code. Any combination of dwelling units, accessory dwelling units and junior ADUs count toward the four residential unit maximum.

(5) Number of accessory dwelling units allowed.

a. Accessory dwelling units and junior ADUs may be built pursuant to division 1 of article IV of this chapter and applicable state law and in conformance with the maximum number of residential units specified in this section.

(6) Maximum floor area.

a. No maximum floor area is specified by this section.

(7) Height.

a. Maximum height shall be 14 feet and one story, except that the height limit for dwellings units in the R-1 zoning district shall apply if there are no windows oriented toward any adjacent rear yards.

(8) Setbacks and separations between buildings.

a. Front yard setback: Per the zoning district setback requirements for a primary dwelling unit, except for flag lot.

1. Flag lot front yard setback shall be a minimum of ten feet as measured from the shared property line with the front lot as illustrated in section 78-182.

b. Side and rear yard: Four feet, except for an existing structure or structure constructed at the same location and to the same dimensions as an existing structure.

c. Building separation: No detached dwelling unit shall be closer than six feet to any other accessory building or dwelling unit, accessory dwelling unit or junior ADU, on the same lot or parcel. The six-foot distance shall be measured from the closet points of the building walls or structure walls. A minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.

(9) Site coverage.

a. Site coverage and maximum coverage in a front yard area shall be per the standards for the R-1 zoning district. Coverage calculations shall include all structures, including all dwelling units, accessory dwelling units, and junior ADUs and all non-habitable accessory structures.

(10) Open space.

a. Common open space: Ten percent of the lot or a minimum of 400 square feet, whichever is greater, shall be dedicated for common open space and shall provide amenities such as, but not limited to, gardening, outdoor seating or furniture, playground equipment, patio, and/or outdoor grill appliance.

b. Private open space: An adjoining private open space of 150 square feet minimum shall be provided for each unit. No dimension shall be less than eight feet. The required setback area may not be used to meet this requirement.

(11) Landscaping.

a. Landscaping shall be provided as required by the R-1 zoning district.

(12) Design.

a. Additions or new dwelling units added to a parcel or lot where an existing structure will be retained must match the architectural style of the existing dwelling unit including, but not limited to, the roof pitch, window size, window type, exterior building materials, lighting fixtures, and paint colors.

b. All dwelling units built on a vacant parcel shall use the same architectural style, materials, and colors.

c. Accessory dwelling units and junior ADUs shall be designed in conformance with the requirements in division 1 of this article.

d. Each dwelling unit built shall have a separate exterior entrance.

e. To preserve the single-family appearance of the neighborhood, any dwelling unit other than the front most dwelling unit, or the front most dwelling unit on the front lot, shall be completely screened by other dwelling unit(s) on the lot, landscaping, fencing, or a combination of these.

(13) Parking.

a. A minimum of one off-street parking space shall be provided for each dwelling unit, unless the following apply, in which case no off-street parking is required:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code § 21155(b), or a major transit stop, as defined in Public Resources Code § 21064.3.

2. There is a car share vehicle facility located within one block of the parcel.

b. Parking location restrictions.

1. Parking shall be in a covered garage or carport, or in a driveway located within a front setback. A driveway is the paved area that is equal to the width of the garage or carport opening plus up to one foot on either side and extending from the garage or carport to the street.

2. Rear lot parking shall be accessed via an alley if the site has legal access to an alley.

(14) Non-habitable accessory structures.

a. Development of non-habitable accessory structures as dwelling units shall be per the standards for accessory structures in the R-1 zoning district.

(h) Short-term rentals prohibited. Any dwelling unit constructed per this section, if offered for rental, shall be rented for a minimum term of 31 consecutive days and shall not be used for short-term rentals.

(i) Owner-occupancy requirement. Each applicant for a two-unit residential development shall provide a signed affidavit stating that they intend to occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the two-unit residential development, unless the applicant is a "community land trust," as defined in Revenue and Taxation Code § 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code § 214.15.

(j) Adverse impact findings for denial of application.

(1) The city may deny the construction of dwelling units per this section if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed dwelling unit(s) would have a specific, adverse impact, as defined and determined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.

(2) An application for a two-unit urban residential development shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet applicable building code standards and are sufficient to allow separate conveyance.

(k) Utility connections. Utility connections shall be provided per city standards.

(l) Application requirements. Applications for two-unit residential development shall include all information required by the planning department, as shown on official city application forms.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)